Electoral Reform Act 2022
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Labelling order | ||
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155. (1) Where— | ||
(a) during an election campaign period, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise, of online electoral information or provided by any other person or otherwise, that any online electoral information may constitute disinformation, or | ||
(b) at any time, the Commission is satisfied from the information available, whether obtained through its monitoring, or otherwise of online electoral information or provided by any other person or otherwise, that any online electoral process information may constitute misinformation, | ||
and the Commission is satisfied that the issuing of such an order is appropriate in all the circumstances, the Commission may, pending further investigation by the Commission, issue a labelling order requiring the online platform to state that the subject content is currently being investigated by the Commission pursuant to this Part to determine whether or not it constitutes disinformation or misinformation. | ||
(2) An order under this section shall: | ||
(a) include a statement of reasons for the Commission’s opinion that the conditions in subsection (1) are met; | ||
(b) include the precise online location of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b) and, where necessary, any additional data enabling the identification of the information; | ||
(c) contain a statement of the Commission, in compliance with subsection (3), in respect of the online electoral information referred to in subsection (1)(a) or the online electoral process information referred to in subsection (1)(b); | ||
(d) inform the person to whom the notice is addressed that he, she or it shall cause the statement in paragraph (c) to be published at the online location referred to in paragraph (b); | ||
(e) inform the person to whom the notice is addressed of the right to appeal the order under section 161 within 5 days from the date on which the notice was issued. | ||
(3) The statement referred to in subsection (2)(c) shall: | ||
(a) confirm that it is a statement required to be published pursuant to a labelling order issued by the Commission under this section, where the Commission is of the opinion that the subject statement may contain disinformation or misinformation; | ||
(b) state that the issuing of the order is not a determination that the content is either disinformation or misinformation; | ||
(c) contain a summary of the reasons for the Commission’s opinion that the requirements of subsection (1) are met; | ||
(d) state that a determination as to whether the content is disinformation or misinformation shall be made pending further investigation; and | ||
(e) state that any natural or legal person directly affected by the order can appeal the order under section 161 within 5 days. | ||
(4) The order may also contain such further information or statement as the Commission shall deem appropriate having regard to all the circumstances. | ||
(5) The Commission shall make the determination referred to in subsection (3)(d) and, as soon as reasonably practicable— | ||
(a) shall give a direction to the person to whom the labelling order was directed informing that person that the labelling order has been revoked, or | ||
(b) where the determination is that the content is disinformation or misinformation, may, as it considers appropriate, exercise any of its powers under section 153 , 154 or 156 . | ||
(6) Where the Commission gives a direction referred to in subsection (5)(a), the statement referred to in subsection (2)(c) shall be taken down. |